Cases - Boots the Chemists Ltd v Pinkland

Record details

Name

Boots the Chemists Ltd v Pinkland

Date

[1992]

Citation

2 EGLR 98

Legislation

Landlord and Tenant Act 1954

Keywords

Lease renewal - other terms of the tenancy

Summary

Applying the principles set out in O'May v City of London Real Property Co. Ltd, the judge refused to depart from the terms of the current tenancy by deleting the inclusion of a positive trading covenant. The onus was on the tenant to justify such a departure and the positive trading covenant benefited both the landlord and other tenants.

Lease renewal - rent review provisions

The court inserted an upwards-and-downwards rent review clause at the end of the 5th and 10th years of a 14-year term. It was noted that rents which can only be reviewed upwards can wreak injustice on tenants in a falling market whereas an upwards-and-downwards review would not prejudice the landlord.